Bindu C vs Santhosh Kumar
2021 Latest Caselaw 12626 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR. JUSTICE SUNIL THOMAS
           FRIDAY, THE 28TH DAY OF MAY 2021 / 7TH JYAISHTA, 1943
                          OP(CRL.) NO. 128 OF 2021
    AGAINST THE ORDER/JUDGEMENT IN MC 166/2018 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS, ALATHUR, PALAKKAD
PETITIONER:

              BINDU C.
0




              AGED 36 YEARS
              W/O. SANTHOSHKUMAR, THENNIKKAL VEEDU, PAZHAMBALAKKODE
              P.O, TARUR, ALATHUR TALUK, PALAKKAD DISTRICT-678 544

              BY ADV BABY MATHEW



RESPONDENT:

              SANTHOSH KUMAR
0




              AGED 50 YEARS
              SANTHOSH KUMAR, S/O. KRISHNAN EZHUTHACHAN, CHEMBRAYATHU,
              PARUTHIPULLI, PERINGOTTUKURISSY P.O, ALATHUR TALUK,
              PALAKKAD DISTRICT-678 574


THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.05.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 128 OF 2021
                                   2

                             JUDGEMENT

Dated this the 28th day of May 2021

The petitioners herein filed M.C. No.166/2018 on the

files of Judicial First Class Magistrate Court, Alathur seeking

maintenance from the first respondent for herself and the

children. The learned Magistrate by Ext.P4 interim order,

directed Rs.1,500/- each to be paid to the minor children

and the wife.

2. The grievance of the petitioner is that the above

amount has not been paid even now. Hence, she seeks for

an early disposal of M.C. No.166/2018.

3. Having considered the limited prayer sought by the

petitioner, I do not feel that notice should be issued to the

respondent since, any direction for an expeditious disposal of

the case can only enure to the benefit of both sides.

Accordingly, I am inclined to dispose of O.P. (Crl.)

No.128/2021 directing the Judicial First Class Magistrate

Court, Alathur to take up and dispose of M.C. No.166/2018, OP(CRL.) NO. 128 OF 2021

as expeditiously as possible, at any rate, within a period of

four months from the date of lifting of lock down in that

district. It is made clear that this will not preclude the

petitioner from executing coercive steps for the recovery of

arrears.

Sd/-

SUNIL THOMAS JUDGE SKP/28-5 OP(CRL.) NO. 128 OF 2021

APPENDIX OF OP(CRL.) 128/2021 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION IN MC NO. 166/2018 ON THE FILES OF THE MAGISTRATE COURT, ALATHUR.

EXHIBIT P2 TRUE COPY OF THE PETITION DATED 3.5.2018 IN CMP NO. 4130/2018

EXHIBIT P3 TRUE COPY OF THE OBJECTION DATED 15.12.2018 IN CMP NO. 4130/2018

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 25.01.2019 IN CMP NO. 4130/2018

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 24.05.2019 IN CRL. APPEAL NO. 46/2019

EXHIBIT P6 TRUE COPY OF THE PETITION DATED 12.06.2019 IN CMP NO. 6232/2019

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE